Client's Conviction Reversed, New Trial Ordered
On March 15, 2017, the Appellate Division, First Department, reversed CAL client TT’s second-degree robbery conviction. The four-judge majority held that the court’s supplemental instructions on the interplay between accomplice liability and two different theories of robbery failed to cure the confusion that the jury expressed in repeatedly submitting notes requesting clarification on “shared state of mind.” Because of the faulty charge conflating the questions of whether each defendant separately had the intent to forcibly steal property, there could be no assurance that the jury did not find TT guilty of no more than simple assault and his co-defendant guilty of no more than petit larceny. It thus found the trial unfair and ordered a new one. Kate Skolnick and Sharmeen Mazumder represented TT.